AJIT SINGH @ JEETA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant faced trial of the offence under Section 395 read with Section 397 of Indian Penal Code (IPC). The charge against the appellant under Section 395 read with Section 397 IPC was not proved but he was found guilty under Section 412 IPC for dishonestly receiving or retaining stolen property, the possession of which was known to be transferred by the commission of dacoity and was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/ -, in default to further undergo rigorous imprisonment for two months.

(2.) OUT of total 9 accused 7 were earlier tried of these charges. Out of them 2 were convicted under Section 395 read with Section 397 IPC and other 5 for the offence under Section 412 IPC and the appropriate sentences were passed. The appellant was arrested as proclaimed offender and therefore, he faced separate trial.

(3.) FIRST Information Report (FIR) was registered on the statement of PW -3 Mewa Singh at whose house dacoity was committed at midnight between 23/24.12.1998. All the miscreants were armed with deadly weapons. Wife of the complainant was inflicted injuries with a wooden rod and similarly complainant was also attacked. Three of the miscreants removed watch and ring which the complainant was wearing and also certain goods from almirah. The complainant raised alarm and his son Devender Singh Saini came armed with weapon and fired shot in the air and culprits fled from there. The acquittal of the appellant for offence under Section 395 IPC read with Section 397 IPC has not been challenged by the State and therefore, only the evidence relating to the charge under Section 412 ICP need to be discussed.